Chaos in Court

A few months ago, I wrote that what applicants and lawyers need from the Biden Administration is predictability. Unless we know what to expect from “the system” and when to expect it, people cannot properly prepare their cases or have them fairly adjudicated. Unfortunately, what we have been seeing recently is the opposite of predictability–it is chaos, at least at the Executive Office for Immigration Review (EOIR – the agency that oversees our nation’s Immigration Courts). Here, I will offer a few pieces of evidence in support of this proposition–

Exhibit A: The Immigration Court (or lack thereof) in York, PA

The Immigration Court in York, PA is located inside the York County Prison, which houses ICE detainees. After recent negotiations between the feds and the county failed to produce an agreement, ICE announced that all its detainees would be transferred to other facilities by August 12. With immigrant detainees set to leave York, EOIR informed court staff on June 30 that the Immigration Court would close by late July, and that all staff needed to take assignments at other courts (often in distant locations) or find new jobs. Besides being disruptive and demoralizing for EOIR staff (many of whom have been working in York for years, and have their homes and families there), the abrupt decision to close the court has left noncitizen detainees isolated from their families and their lawyers, and will make preparing their cases even more difficult.

An EOIR employee demonstrates the agency’s new case management system.

After I heard about the closure, I got in touch with Adriana Zambrano at Aldea – The People’s Justice Center, which represents noncitizens detained in York. Their clients have been scattered across the East Coast–to detention facilities in Florida, Georgia, and Massachusetts. They are still in the process of tracking down their clients and re-establishing contact. Court dates have been canceled and new judges will likely be assigned (eventually). When they finally reconnect with their clients, Aldea will have to litigate their cases in remote locations, which makes preparing the cases even more difficult. Aldea is a great organization, but it has limited resources, and so dealing with this type of utter disruption is difficult, stressful, and expensive (if you’d like to contribute to this worthy non-profit, you can do so here).

It seems to me that it did not have to be this way. Even if detainees were required to be transferred out of York, their cases could have remained with the York Immigration Court (since most cases these days are done remotely). EOIR could have chosen to keep the court operating, or at least closed it in an orderly manner. Such a move would have made it easier for attorneys to complete their cases and serve their clients. It would have also been less demoralizing for EOIR overall (indeed, it reminds me of when the Trump Administration relocated two USDA agencies in order to intimidate all federal employees). In short, abruptly closing the court is bad for detained noncitizens, their lawyers, and for Immigration Court staff.

If you have lost track of a person in ICE custody, you might be able to find them using the detainee locator system.

Exhibit B: Randomly Scheduled Court Cases

It takes time to properly prepare a case for Immigration Court. Normally, we have time–cases are often scheduled years in the future. So the applicant and the lawyer can prepare an affidavit, gather and translate documents, locate witnesses, and prepare a legal brief. But recently, EOIR has decided that cases should move faster. Much faster. And so they have been scheduling Individual Hearings with only a few weeks notice. Worse, they are sometimes scheduling cases without sending any notice at all. The only way a lawyer would know about a case is to check the online portal to see whether a new case has been added to the schedule.

This happened to me recently. We had a case scheduled for a Master Calendar Hearing in 2022. Suddenly, in early July, I noticed that the case had been scheduled for an Individual Hearing on August 23, 2021. Given that all evidence should be submitted 30 days before the trial date, we were put in the position of having to complete an entire case in only a couple weeks. If I had only one case with one deadline, this might not be so bad, but I have many cases with many deadlines. Not to mention family obligations and other life responsibilities. The result is obvious – without proper time to prepare a case, the case will not be as well prepared.

It is possible to file a motion to continue (delay) the Individual Hearing. However, it often takes judges weeks to rule on such motions, and so we would have to prepare the case anyway. In addition, many clients do not want to delay their cases, and so even explaining this to the client is difficult. In our case, we had luckily completed some of the work for this particular case, and so we should be able to prepare well enough. But I have plenty of other cases where we would be forced to ask for a delay if EOIR randomly set the case for a short-notice hearing.

Why is EOIR doing this when it so obviously harms noncitizens and deprives them of a fair hearing? I have no idea, and again, it seems there is a simple solution. Call or email attorneys, ask whether they have cases that are ready to go, and offer them the short-notice dates. Or at least contact attorneys in advance to inquire whether a particular case can be ready by a particular date. That way, applicants who are prepared can get sooner court dates, and applicants who are not prepared will not arbitrarily be denied their right to due process of law.

Exhibit C: Changing Covid Protocols

As things open up in the nation’s Immigration Courts, litigants and attorneys are being left largely in the dark. Should we prepare for Individual Hearings or will they be postponed? Will the judge send us an order to submit written pleadings in lieu of the Master Calendar Hearing? Will MCHs go forward in person? Who knows? EOIR has a web page to specifically address the impact of the pandemic on court schedules, but it is not very informative. For this reason, we lawyers are left to rely on notices through our liaisons, or information gleaned from fellow attorneys. Noncitizens without lawyers do not have access to this information and cannot easily know how their case will proceed. 

As usual, there is a solution. Each court should have its own web page, and information about court openings and closing should be posted there. The web page should be included in all correspondence, so everyone is aware of it. For the time being, the only way to know whether a court case is moving forward is to check the specific case and if that does not work, to call the court and ask.

Perhaps EOIR’s current woes are related to the transition from one Administration to another. But while all these issues get sorted out, asylum seekers and other people in Immigration Court are suffering. The Biden Administration needs to cut the chaos, get organized, and ensure that litigants’ due process rights are protected.

Related Post

197 comments

  1. I need your advice on my case. Here is my case it has been more than one year since I left my home country (Ethiopia) with a scholarship that will allow me to stay in the US. Due to the current situation in Ethiopia, I will not continue my work (PhD) so they let me option out with master’s degree by the end of this Fall (2021). I am a J1 Exchange Visitor Visa holder that was expired in 2020. According to the law I must leave the country once my program ends but right now, I can’t go back home. If I do, I will be in isolated camp or worse in prison because of my race (Tigre). I am here in US since Fall 2019 and did not leave the country since then. The law says I must apply for Asylum within one year of arrival. So, my question is it possible for me to apply for asylum now? How can I build my case to win the approval?

    Reply
    • There are exceptions to the one-year filing bar. I wrote about those on January 18, 2018. It sounds like you possible satisfy two exceptions: (1) extraordinary circumstances, since you have been lawfully present in the US since your arrival until now, and (2) changed circumstances, since the situation in Ethiopia has changed making it dangerous for Tigrayan people to go there. You probably want to talk to a lawyer to decide how to approach the case, and you are safest to file the case before your J-1 status ends, so you can meet exception # 1, which is the stronger basis to overcome the one year bar. Take care, Jason

      Reply
  2. Hi Jason
    How long will it take the USCIS to approve a I130 while the beneficiary spouse is in removal proceedings ?
    Does it require an interview? Or just submitting strong evidences?

    Thank you

    Reply
    • You can check processing times at http://www.uscis.gov, but everything is slow. Such cases usually require an interview, but not always. It does require strong evidence, as the standard of evidence is higher (meaning you need extra strong evidence) when the noncitizen spouse has a case in immigration court. In practical terms, this should not be a problem for a truly married couple, as the standard is higher, but not unreasonable. I wrote more about this issue on August 6, 2018. Take care, Jason

      Reply
      • Hi Jason
        Thank you for your reply
        It is a real marriage
        We have both our names on medical and auto insurance and bills and living together at the same house we have joint bank account we both are beneficiaries of or life insurance
        Is that considered strong evidences or is there a different type of evidences you meant by Strong?

        Do you represent such cases in a different state?

        Thank you so much

        Reply
        • That is pretty good evidence. You can also get letters from people who know you, photos together, more bills, etc. You will also each have to write a statement indicating that the marriage was made for love (this is called a request for a bona fide marriage exception). I can do cases in other states, though it may be less expensive to use a local lawyer. Take care, Jason

          Reply
  3. Hi Jason,

    I came from an Eastern European country, applied for asylum back in 2014, had my interview in 2017, and was referred to the court. I finally got my individual hearing a few days ago, and the judge seemed like he really liked the case, but the government attorney asked for the judge not to give any decision due to the problem with my background check. I was able to present my testimony, but due to the background check issue, the judge scheduled another hearing date for October to give the government attorney the time to see what is going on with the background check. My question is have you experienced something like this in the past and what are your thoughts? Can they issue the decision before October if they realize there is no issue with the background check?

    Thank you.

    Reply
    • Hello my friend, i wish the best for you, can you explain what kind of questions you were asked and tell more about court environment, and how much took times?
      Best regards.

      Reply
    • It is rare that the background check is not complete for court (unless you forgot to get your biometrics done, but that does not seem like the case here). If they are still not finished in October, maybe you can ask the judge to issue a decision, and DHS can file a motion to reopen the case if the background check comes back later and there is a problem. I have seen judges do this now and again, so maybe the judge would be willing. Good luck, Jason

      Reply
  4. hi jason . I have a question . I expedite my interview now after refferal I want to expedite my master hearing as well (not indiviual hearing) . is it posible to expedite master hearing as well . if so where should we be contacting the court or newyork aylum office?

    Reply
    • Many judges are encouraging respondents to submit pleadings and do the Master Calendar Hearing in writing. If your judge allows that, the judge will skip the in-person MCH and schedule your Individual Hearing. I also wrote about the topic of expediting the court case on April 20, 2017. Take care, Jason

      Reply
  5. Hello jason
    I had an interview at chicago asylum office one month ago and still didn’t get the decision so shall i wait or apply for foia?? When would i be able to ask for foia?

    Reply
    • Hi Astt
      You can check for decision on this link
      https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

      Reply
      • Dee
        I’m not referred to court hmm I’m waiting for the asylum interview decision not court but thanks anyway

        Reply
    • Decisions often take months, and most of our cases seem to have slow decisions these days. Why that is, I do not know. I would give them more time, but I suppose you can do an inquire by email. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason

      Reply
      • Thanks a lot jason!!!! Today i saw fees were waived which means approved but i will have to wait for the letter tho! Thanks god i applied in 2016 and had my interview in Chicago 2 months ago and today i saw fees were waived! God bless america god bless america <3 i hope y’all get good news soon too

        Reply
        • Congrats ASTT.

          Reply
          • Thanks tina
            Does anyone knows when can i apply for RTD after receiving the i94? And how long it takes!?? And which is the fastet nebraska or texas center or is there any faster center?
            Thanks in advance

          • If you have won asylum, you can apply immediately for the RTD. You can check processing times at different office at http://www.uscis.gov, but you have to send the application to appropriate office based on where you live (the form I-131. webpage will tell you the mailing address). Take care, Jason

        • Congratulations ASTT for this wonderful news! I wish you all the best. Please share your asylum timeline.

          Reply
          • Thanks hali
            I applied in February 2016 and tried to expedite in 2020 due to a recent medical condition then they put me on the short list and then tried to expedite again in April 2021 and got succeeded this time and went interview in May 2021 and today i was checking my online case status and it showed fees were waived which i know it’s approval as it happened with everyone got approved before and now I’m waiting for a decision mailed that shall probably happen in the next 2-3 days! Will let y’all know when i get the mail and I wish y’all good luck 🙏

          • Good luck, Jason

          • Thanks a lot, ASTT for sharing your timeline. I applied for my asylum in Feb 2015. I have expedited it in October 2020 and was put on the waiting list. This month I had an interview in the Chicago asylum office. On the same day of the interview, the online status shows as “decision pending’, and it’s still the same for almost 10 days now. I hope It would be approved soon. I really wish you get your approval letter this week. Thank you.

          • Hello hali
            I wish you luck brother i guess chicago gives fast decisions than any other office! Today my status changed to decision was mailed as I expected! Keep looking at your status daily and hopefully one day u will see fees were waived which means you’re approved then decision was mailed as I expected hopefully i get the letter as soon as possible

            God is great so trust the process

          • Thanks a lot for your kindness ASTT! Getting the approval will be a big relief to me after 6 years of waiting. I hope your life change in a better and positive way. I hope I’m the next one getting the approval after you!

        • Hopefully that is correct. Good luck, Jason

          Reply
          • Hey y’all i just got my approval letter today thanks god and god bless america !!! Few days ago i saw fees were waived and i knew it was approval but wouldn’t believe it until i got my approval today! Finally after 5 years since applying for asylum in 2016
            Good luck everyone

          • Congratulations! Thank you for sharing the good news. I did a post on May 16, 2018 that might be helpful (for people granted asylum). Take care, Jason

        • Hi! I am praying for your good decision.
          Can you tell me did you expedite?
          And the month that you applied in 2016?

          Thank you and good luck

          Reply
          • Steve
            I applied in February 2016 and expedited 2 times but only worked the last try due to medical condition! I know they don’t expedite unless it’s something serious

          • It’s also luck – the expedite process is pretty arbitrary. Take care, Jason

    • Hi Jason,
      May I ask you if applying for FOIA would delay the background checks or issuing the decision after conducting the asylum interview “ more than two and half years for now” ? To my knowledge, that when apply for FOIA the papers all go to them. Is this true? I mean in technology time an email or a copy must be sent.

      Please, advise.
      Thanks,

      Reply
      • My understanding is that the file has to go to the FOIA office, but I am not sure it makes a lot of difference in terms of the time. If you have been waiting 2.5 years, any additional delay from a FOIA requests will likely be insignificant. Take care, Jason

        Reply
  6. Hi Jason, always thankful for your work. I interviewed on 03/2018 and still waiting for my decision. I received my Foia today and I find that my asylum officer granted my asylum(“assignment is to grant under” the Decision section) 8 days after my interview. Also I find another page (Quality assistance Referral sheet) which mentioned my asylum decision might cause be “nationally publicized” one day before my interview.
    My case is well known case with most of publication on it and I think the review by the national headquarters and the background check are probably both contributing to my delay

    Do you know if due to that distinction, my case has to be reviewed by the National Headquarters before being approved? If yes how long would it take.

    Reply
    • Bard are you from iran ?? I heard some specific countries only go for HQ! If not can you say the reason they moved you the hq?

      Reply
      • Hi no I’m not from there but I’m from Muslim country – positively media attention due to my political history.

        Reply
        • I understand cause a lot of my friends from Muslim countries got their decision mailed in 2-8 months and had no issues so yeah it could be something personal but good luck brother inshallah

          Reply
        • It could be the general security check too – these can often drag on for years (for no good reason). Take care, Jason

          Reply
      • Hey ASYLEE, are you from Iran? I am from there and waiting for my decision for two years!

        Reply
        • Panda
          No I’m not from iran I’m from muslim arab country i had my interview 2 months ago but a lot of my friends from my countrh got their approval in 3-6 months so i think being from Muslim country delay that’s bullshit or it happens only if u have an issue or something special but a lot from arab Muslim countries get decision real quick

          Reply
          • I have noticed that people from Muslim countries often wait a lot longer, especially countries that have insurgencies such as Iraq, Syria, and Afghanistan. It may be that background checks are more difficult from those countries, but I am not sure if that is the reason, since we never see such delays for cases in Immigration Court. Take care, Jason

          • That’s correct asylee i know 3 people from Egypt and 2 from Lebanon and these countries majority muslims but the 5 persons got all approved in less than 8 months while people from iran ,syria,iraq it takes forever!

    • I believe that is one of the categories for headquarters review (I did a post listing the categories on October 20, 2015). Several years ago, the wait time for such a review was 1+ year, but I have not heard about estimated wait times lately. Anyway, you are well beyond that point. I did a post about delayed decisions on June 2, 2021 – maybe that would give you some ideas. Also, you might try emailing the asylum and including a copy of the FOIA page indicating a grant. I am not sure whether that would do any good, but maybe it would at least get their attention. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason

      Reply
  7. Hello, Jason.
    They cancelled my individual hearing court date after more than three years of waiting. I have a few questions that I’d appreciate it if you could answer:
    1. How long does it take for a new court date to be assigned to me?
    2. I’ve heard that there’s a new update that allows you to ask the judge to decide your case solely on the basis of your paper submission; do you know anything about it?
    3. I’ve also heard that if the case is with the same judge, there’s an option to swap the date with another case with a later date; how feasible is this option?
    4. Another recent update is that you can request to settle down the case with the USCIS attorney prior to the court date; is this also an option?
    I sincerely thank you for all your generous help,
    Sal

    Reply
    • 1 – Like everything else, it is not predictable. Sometimes, it is a few days; other times, it takes months. 2 – That is not really correct. DHS (the prosecutor) has more authority to close cases, and it seems they are now more willing to agree to relief, but it will depend on the case. Usually, if DHS agrees, the judge will agree too. 3 – Some judges do that, but I have never done it. If you have someone to swap with, I guess there is no harm in trying. 4 – It is, though that is not really new. What is new is that they are more willing to agree to close a case. You would only want that under certain circumstances (talk to your lawyer about that). Take care, Jason

      Reply
  8. My son came to America with a visa lottery in 2014. He processed a visiting visa for me and his dad because he was sick. They wanted to deny our visa. His Doctor and other prominent officers in the hospital gave a call to my embassy that the guy was in a critical condition. The embassy approved our visa without any interview. We arrived in America in 2015. Unfortunately, he passed away before our arrival. My only child. Due to the persecution, I faced back home, I filed for asylum in 2015. Today my lawyer called me to come and pick up our LPR card. How I wish my son is alive to witness this breakthrough.
    I pray for those that are still waiting for their asylum process that God in his infinite mercy will answer your supplications and grant you your heart desires.
    Filed in Sep. 2015
    Interview Nov. 2018
    Granted, July 2019.
    Application for Green card July 2020
    LPR approval July 2021.
    Nebraska office.
    JASON, you are the best in the life of asylum applicants. America is the Land of the free and the home of the brave. We, the asylum community, will continue to uphold the sanity and integrity of America. God bless America. God bless our home countries.

    Reply
    • @Anonymous
      I am so sorry about your child.
      As a parent, I can only imagine.

      Congratulations on your green card.

      Reply
      • @ Tina
        You are my role model
        Thank you very much.

        Reply
        • Humbled!

          Reply
    • This is so touching. Congrats on your GC. Thanks for sharing.

      Reply
      • @ Jamie
        Always eager to read your post or comments
        You must be a legal practitioner 😁😁! Thank you.

        Reply
        • You are so kind! Thank you 😊

          Reply
    • I am truly sorry for your loss.

      Reply
      • @ Everlyn
        Thank you.

        Reply
    • I am very sorry for your loss. I imagine your son would be pleased that he was able to help you. And congratulations on the Green Card. Thank you for sharing the timeline and for the kind words. Take care, Jason

      Reply
      • @ Jason
        You made my day with your comment
        Asylumist will continue to be my guide
        Thank you so much.

        Reply
  9. Got my rtd today
    Any suggestions where could I travel in current situation…and my kids can come to meet us
    My husband passport is expired mine is valid

    Reply
    • Hi,
      Do you mind feeling us when did you apply your RTD?

      Thank you,

      Reply
    • Hi mind sharing which month you applied? Been waiting on mine since January and need to travel ASAP

      Reply
      • Yes January at Texas service center but case was processed at Nebraska

        Reply
        • TAS,please can you sharing some info.
          when you had the fingerprint appointment ,
          or USCIS used the older fingerprint in system.
          And please.
          After how many days after fingerprints you got RTD.

          Thank you TAS

          Reply
          • Dee
            No they used the old finger prints and I received the approval notice in March..and yesterday I received the rtd
            What should be the color?mine is green

    • You have to check what countries accept the RTD – I think basically you have to look at their embassy websites or contact the embassy, as I know of no list of countries that accept the RTD. Many people travel with their passport and return to the US with the RTD. This may be fine, but it may not – depending on your case. If you fear your home government, using the passport may raise questions about whether that fear is legitimate and whether your asylum case was fake, so you need to be cautious about that. Take care, Jason

      Reply
  10. any information about houston office??
    thanks jason

    Reply
  11. Hi Jason,

    Do you happen to have any information on application submitted at USCIS Asylum Vetting Center in Georgia, Atlanta?

    It has been more that 2 months since I submitted my application as primary applicant with no receipt of acknowledge.

    Reply
    • Receipts have been slow, but two months seems too long. Maybe double check that Atlanta was the correct address for your application. Otherwise, I do not have any info about Atlanta and have not filed anything there yet. I am not sure how to contact them either, other than by mail. I suppose you can always try the general number (800-375-5283) to see whether they can confirm that the case was received. Take care, Jason

      Reply
      • Thank you for taking your time to respond and I really appreciated, Jason!!

        I called them via that number and they couldn’t able to locate my application in the system yet. The call support person gave me an email address and advised me to write them what has happened. I did that and will see how they came up with. I will come here and update this trend if their response resolve my issue and helpful for others for reference.

        Best Regards

        Reply
        • Thank you – do let us know, as that will help others. Good luck, Jason

          Reply
  12. Jason , reading today in the news that record surge at Southern Borders . Do all these people apply for asylum and overburdening the system. Also is this surge the reason for not shifting back to FIFO

    Reply
    • It does seem like the numbers keep going up at the border. I have not seen recent data, but traditionally most people arriving at the border ask for asylum, and then receive a credible fear interview, which is an initial evaluation of asylum eligibility. The same officers who do these CFIs also do “regular” affirmative asylum cases, and so when the numbers go up at the border, it has – in the past – slowed down the affirmative asylum process. Whether that is happening now, it is difficult to know, since we are still dealing with the effects of Covid, and I have not seen any data about how many officers are currently deployed to the border. Whether any of this relates to FIFO/LIFO, I do not know, but at least to me, there is no good reason to continue LIFO. Take care, Jason

      Reply
  13. Hello Everyone,

    My Individual Hearing was in 04-21-2021, Because of Covid-19 they reschedule it to 10-23-2022, First of July-2021 my attorney send a expedite letter and they reschedule it again in Oct-27-2021,,

    Any advice about Boston Judge , plz I’m in asylum process since 2015 ):

    Reply
    • You can Google “TRAC Immigration” and maybe learn more about your judge. If the judge is new, there will not any info on that website. Good luck with the case. Take care, Jason

      Reply
      • Hi Jason,

        I hope you are doing well. Last year was supposed to be my individual that was already postponed may many times before COVID was here, and last year due to COVID. And they pushed me further back to 3 years. Shall I try with an expedite again (motion) ? I did it last year with my lawyer to no avail. I am thinking of writing something to the judge myself and mailing it. Would this be ok ? or should it go through the attorney ? and should a hand-written letter also go to the DHS (ICE) ?

        Thanks
        H.

        Reply
        • The standard procedure is to try another motion – it may or may not work, as you know. Writing to the judge might also be an option, but I would coordinate with the lawyer so at least the lawyer is not surprised if the case schedule changes. If you do write to the judge, you also have to copy DHS; otherwise, I doubt the court would even accept the letter. Whether the judge will read it, I do not know, but you can try (I presume they will treat the letter as a motion to advance the date). You could also include your letter with a formal motion. Good luck, Jason

          Reply
      • Respected Jason
        Warm greeting
        I got my green card based on asylum and I m going to apply my citizenship soon but I have one problem,I filed I 730 to my two sons and wife.all three got visa but I left my older son in my country with my parents because he had some health issues.he still there where as my younger son and my wife are here and they already got their green card.does it affect in my citizenship interview because he still there
        Thank you so much

        Reply
        • If your plan is to bring him as an asylee, I think that will be canceled if you become a citizen. It seems to me that the time to do that has probably passed, and if you want him to come to the US, you will have to file an I-130 family petition for him (available at http://www.uscis.gov). If that is not the case and the I-730 is still pending for him, I do think that would become invalid if you are a citizen, but I am not certain. Maybe have a lawyer check that for you, if it is an issue. Take care, Jason

          Reply
      • Thanks for respond.

        Converted to percentage terms, She denied 40.6 percent and granted (including conditional grants) 59.4 percent.
        694 asylum claims on their merits, she granted 412, gave no conditional grants, and denied 282.

        If an asylum seeker is not represented by an attorney, almost all (88%) of them are denied asylum.

        Is this good sign ???

        Reply
        • These days (and even during better times), a judge who grants 59% of cases is one of the better judges. Take care, Jason

          Reply
    • Hi,

      Thanks for your comment. Can you share who the judge is ? Becuase I got postponed 3 years because of covid. So trying to see if anything can be done.

      Thanks
      H

      Reply
      • Hi Jason,

        Individual hearing scheduled in March of 2021 was delayed by the courts, but it’s been 5 months and no new date yet. What can be done?

        Reply
        • You (or your lawyer) can file a motion. But before that, you can call the court to ask about the case – maybe they can help get it back on the schedule. You can find their phone number if you follow the link under Resources called Immigration Court. However, it is not easy to reach someone, let alone get them to take action in the case. Take care, Jason

          Reply
  14. Hi Jason,
    I have a GC through asylum and need to go back to home country to visit my sick parent. The government which was persecuting me has been changed. What should I do to make sure I will not be in trouble when I get back to the US? I appreciate your help.
    Thanks

    Reply
    • You claim that you won’t be persecuted because the government has changed. My suggestion for you is to keep your ass there and don’t come back here as you are no more in fear of being persecuted.

      Reply
      • Long Dick well said, Bravo 🙌🏼

        Reply
      • I personally like your name… but I am not very sure whether you said is actually appropriate…

        This is a question I also want to ask…is asylum … the persecution evaluated in an individual level or a national level (or whatever level that is beneficial to the applicant ?) ? Is it because…say…some friendlier policy is enacted, then it is safe now and you can go back ?

        Reply
    • Congratulations, as you can now return home, and safely rebuild your life.

      Reply
      • Oh;and I was only assuming what immigration officers would say to you when you tell them that the government you feared is no longer in power.

        Reply
        • Tina and Long Dick, the reasons Solo wishes to return to his/her COP are valid, extenuating, and acceptable. Solo only needs to show, if an officer decides to be a “prick” or difficult, that his/her parents were sick when s/he visited and that s/he was able to stay in the COP safely.

          The Fourth Circuit (in Mahmood v. Sessions, 849 F.3d 187- also quoted and used in Matter of N-A-I-) noted that “when an asylee seeks adjustment of status, he or she seeks significant advantages afforded by lawful permanent residency (LPR). These advantages include the path to naturalized citizenship, the right to travel without advance permission, and more opportunities to petition to bring family to the United States. Furthermore, a permanent resident CANNOT have his or her status terminated due to no longer having a well-founded fear of persecution…” In addition, an asylee’s asylum status is terminated when s/he voluntarily adjusts his/her status to that of LPR. Thus, the former asylee is subject to the applicable grounds of deportability- not inadmissibility. Accordingly, “the restrictions on the removal of asylees found in section 208(c)(1)(A) no longer apply.” (My Attorney USA, 2019). It stands to reason, then, that Solo is free to return to his/her COP if s/he is able to do safely as s/he is no longer subject to the restrictions, such as continuing to be a refugee, voluntarily available him/herself of the protection of his/her COP, etc., found in section 208(c).

          What can, at least in theory, complicate an “asylee-LPR’s” case is if there is no change in the country conditions of the former asylee’s COP but the former asylee travels frequently to the COP. In this regard, it would be reasonable to accuse the former asylee of fraud as the former asylee continues to return to the COP despite their being the existence of actors- state or private- who may persecute him/her. In any event, brief, infrequent trips to the COP- like seeing an ailing parent, for example- should not be a cause for concern. If Solo wants to be extremely cautious, s/he should bring documents that show the reason for the trip.

          Reply
          • Thank you Jamie! I appreciated it

          • Correction: “…despite there being…” Please forgive my errors. I write these responses during the day at work when I am busy and don’t usually read them over before posting. I usually read them over at home in the night.

          • “Asylees should also understand that until they obtain U.S. citizenship, they cannot travel back to their countries. When they apply to naturalize, they will have to list all international travel after obtaining legal permanent residence in the United States, and a DHS Official could re-open the asylum grant upon learning that the applicant traveled back to his country”, not correct?
            If the above is not correct, I am concluding that US immigration laws are mostly for gigantic legal books, and not for practicality.
            An Asylee may not visit the COP even if the person waited for 6 years to obtain asylum,, regardless of the need or reason for such visit, but once status is adjusted,which could happen in 2 years or less under LIFO, the risk is very low or non-existent.
            I guess follow the law means ” it is written”.

          • Asylees can travel back, even before becoming US citizens, as long as they understand that there is some (usually small) risk. Hopefully, they take action to mitigate that risk (as I discuss in an article from January 6, 2016). Even a US citizen could face a risk if USCIS determines that the initial asylum application was fake. I think that is extremely unlikely, but it is not impossible. Take care, Jason

          • Tina, what you’ve quoted is not the law and has never been the law. The most this can be is policy information (which is inferior to the law) and therefore not legally enforceable. Besides, the information you provided is outdated information.

            The Board of Immigration Appeals (BIA)- the highest administrative (emphasis on “administrative”) entity for immigration appeals- and the Circuit Court of Appeal have held that an alien who adjusts status as an asylee under section 209(b) of the Immigration and Nationality Act (INA) to that of an alien lawfully admitted for permanent residence is no longer an asylee (Matter of N-A-I, 2017). In addition, according to Matter of N-A-I , quoting the Fourth Circuit’s Mahmood v. Sessions (2017): ” the language of section 209(b) identifies two immigration statuses and describes a process for an alien to “adjust to” the status of an alien lawfully admitted for permanent residence from the status of an alien granted asylum. Id. at 191. We agree that this language indicates “a change to and not an accretion of the second status.” Id. (citing Adams, 692 F.3d at 97 (“Plainly, then adjustment of status . . . references some change in that status corresponding to a change in the alien’s relationship to this country.”)). Consequently, the Fourth Circuit concluded that, “the most reasonable reading of section 209(b) of the Act is that once an asylee has adjusted his or her status to that of an alien lawfully admitted for permanent residence, the alien is “fully considered a lawful permanent resident and not an asylee”. In other words, the LPR is wholly, not partly or conditionally, an LPR, like any other LPR, and the asylum protection, and everything “asylee”, has been severed once s/he voluntarily adjusts his/her status to that of LPR. This is because the asylee status, pursuant to the law, has been terminated as a result of the adjustment of status.

            Furthermore, once an asylee has adjusted his/her status, the restrictions in section 208(c) of the INA no longer apply to the former asylee (Matter of N-A-I, 2017).

            What are the restrictions?
            (A) the alien no longer meets the conditions described in subsection (b)(1) owing to a fundamental change in circumstances;
            (B) the alien meets a condition described in subsection (b)(2);
            (C) the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien is eligible to receive asylum or equivalent temporary protection;
            (D) the alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality or, in the case of an alien having no nationality, the alien’s country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or
            (E) the alien has acquired a new nationality and enjoys the protection of the country of his or her new nationality.

            Let’s look at subsections A & D, for example. What the court and the BIA are saying is that an asylee who has adjusted his/her status to LPR can’t be removed from the U.S. because the asylee is no longer a refugee or no longer fears persecution because things changed in the former asylee’s COP. For subsection D, the ruling expressly states that an LPR, based on asylum status, can’t be deemed inadmissible, or deportable, because the former asylee used his COP’s passport or returned to his/her COP. In other words, because asylee status is not permanent (pursuant to s 208(c)(2)), the Attorney General can, at least theoretically, remove the asylee if any of the sub-sections in 208(c) applies to the asylee. However, these cease to apply once the asylee has made his/her status permanent (emphasis on “permanent”) by virtue of adjusting his/her status to that of LPR.

            Furthermore, it can’t get any plainer when the ruling in N-A-I, quoting the Fourth Circuit’s decision in Mahmood v. Sessions (2017), concluded that: “As the Fourth Circuit noted, an asylee who adjusts status under section 209(b) obtains significant benefits, including “a direct path to naturalized citizenship,” a better chance for his or her family to obtain lawful permanent residence, and “the right to travel outside of the United States without the advance permission of a refugee travel document.” Id. at 192. An asylee who adjusts to lawful permanent resident status also cannot have that status terminated on the grounds that he no longer has a well-founded fear of persecution…”

            However, irrespective of the the foregoing arguments as to why an asylee-LPR can return to his or her country or use his/her passport without consequence, s/he may want to weigh or assess the possible risks/inconvenience- as well as the facts of his/her case- of returning to the COP/using the COP’s passport. The possible risks are not codified in law, nor are they laws made by Congress (to the best of my knowledge). I may be wrong, though. An example of the risk is being accused of fraudulently obtaining asylum because you take up residence in your COP or visit the COP frequently, even though there is no real change in the country conditions of the COP (even if this is the case, the accuser still bears the burden of proving, by a preponderance of the evidence, that the accused fraudulently obtained asylum as returning to the COP is not by itself a sign of fraud) . Another example is applying for, receiving, and using your COP’s passport when you claimed that you fear or are running from your government. Another example is returning home to the COP, even after you’ve become a citizen, when you claimed that you are wanted by the government of your COP. Some examples of the inconvenience are being questioned by immigration officers/citizenship officers about why/how you were able to visit the COP and how you were able to return safely. Legally, however, they can’t bar you from entering the country or becoming a naturalized citizen because you visited your country after you’ve adjusted your status to LPR. This is not a one-size-fits-all kind of a thing. These are considered on a case-by-case basis.

            Please ignore the grammatical errors, if there are any.

          • You’re hired!

          • All of this sounds enticing, and as much I would love to see my mother and just see that she’s ok and let her see that I am ok, I am not risking. Especially since the the green card category clearly shows its based on asylum. So, that asterisk is gonna hang over your head until you apply for citizenship.

          • The main issue is whether the US government would ever conclude that your old asylum case was fake. If you are not worried about that (because your case was real), it is generally safe to travel to the home country. But of course, not going reduces the risk of a problem to zero. I do think for short trips, where there is a good reason to travel, it is ok, but it depends on how much risk you want to tolerate. Take care, Jason

          • ENRONN SIERRA, and that’s perfectly fine. You are not required to leave the U.S. even after becoming a citizen.

          • Jason, I definitely agree! Short trips as a valid GC holder, especially if you have to travel, should be OK. Just be prepared, if need be, to show why you traveled or how you were able to return safely. If you don’t fear your government, you are almost on your way!

      • I want to follow-up on this. How will adjudicators react to changing country condition ? If the country condition is becoming better, will make the adjudicator more likely to deny the application ? If that’s the case, I feel that the backlogged LIFO cases, particularly the LI part…will be greatly affected…

        Reply
        • Adjudicators consider country conditions at the time of the interview, and some old cases will be affected if country conditions have changed and it is now safe to return. However, once you have a GC, it does not matter if country conditions change. Also, there are many legitimate cases where the person got asylum and can now go back because conditions have changes, or because they can stay safely in their country for a short visit, even though they cannot safely live there. As usual, it depends on the case. Take care, Jason

          Reply
          • That’s right…Tho I don’t think it reality, country … REALLY changes…they may change in paper or in country report … but…I doubt things change.

          • I also want to follow up…I just received multiple reports indicating situation in my country of origin regarding my trait is…turning down very quickly…Situation is becoming worse.

            But, I haven’t seen a lot of reflection in country report (there might be a lot of reasons behind that)

            So how will the adjudicators react between the apparent difference exhibited in country report or other reputable, tho non governmental resources ? one being more neutral, but the other markedly more favorable to my proceedings ?

            And is it advisable to wait for one more year to see if the new admin is showing a different country report ? Because it has been suggested that the previous admin creates disingenuous country report to make it harder for asylum to be granted.

          • I do not think there will be a big difference in the different country reports, though they have indicated that they will produce an expanded “women” section for the report at some point this year. Also, you can certain submit additional evidence, even evidence that might contradict the State Department report. As long as the evidence is credible, it can sometimes overcome a less-than-helpful State Department report. Take care, Jason

          • Quick question,Jason.
            After a grant of asylum, but no GC and country condition changes, the asylee may loose asylum status, correct?
            Or once you are granted asylum, even if country condition changes asylum status remains?
            I guess my understanding of the asylum process “faulty”

          • You are correct. If your status is asylum approved and your country becomes paradise, you can lose your asylum status. I have not heard about that happening, but it can and it is part of the statute. For this reason, it is a good idea to get the GC (not that many countries are improving these days, but hope springs eternal). Take care, Jason

    • Wait for citizenship, Change your name, Get a visa from your home country. This would be the safest way

      Reply
      • Thank you for your thoughtful and polite response

        Reply
    • I did a post about this on January 6, 2016. Basically, be prepared to explain why you went back and how you stayed safe. Maybe have copies of your parent’s medical record or a letter from the doctor. The post I referenced gives more detail. Take care, Jason

      Reply
      • Thank you! I will read that article.

        Reply
    • Instead of sharing your anger and hatred toward SOLO and judging why he/she wants to return, please try to help him/her by answering his/her question. If you do not know the answer, why do you spend your precious time writing an ironic reply? You do not know what is happening in his/her life and how painful it is for him/her to miss his/her sick parent. Don’t judge people by a question please, OW life will judge you by putting you in the same condition to see how would you react.

      Reply
      • @Edvardo, I have no idea who you were referring to on your comment, but I can tell you I have no hatred or judgment towards anyone.
        I did clarify that my comment was my assumption of what the officer may say to Solo, based on my understanding that asylees risk loosing immigration status if they travel to COP before citizenship, even with GC.
        I am now reading here that it is not such a big deal.
        I have no issues with him/her going to see ailing parents, but my assumption ( which happens to be the lowest form of knowledge, I admit) was that if he told them that country condition has changed, rather than the unavoidable need to go and see ailing parents, they may say he/ she no longer needs protection, hence my comment.
        Hopefully, you can see my POV if your comment was in response to mine.

        Reply
        • @ Tina @ Long Dick
          I think your comments towards Solo’s question were not nice. You were so sarcastic. Asylum seekers and other people in this blog are meant to support each other. As you know, the asylum process is draining emotionally and financially, and let’s be at least not rude to people.

          Reply
      • Thank you Edvardo! You spoke my mind. I have gone through a lot in the past 10 years or so including persecution, finding ways to fled my home country which I love to save my life…..you name it.
        I really don’t don’t want to waste my time to reply to the negative comments few people made against me and some others. I don’t take it personal. I rather pray for them not to pass through what I went through.
        I remain grateful for Jason and the people who have been supporting us all the time.

        Reply
        • Solo, I am not going to try to defend my comment if it made you feel bad.
          I apologize!

          Reply
  15. The people who I have legal fight with vow to support Donald Trump in 2024 in order to increase the likelihood of me being repatriated…I couldn’t help but feel sad…

    Why few people can understand how much hardship asylum seekers have to overcome to reach safety and to be themselves, why so few appreciate how courageous they are and provide support to them. Like…I mean obviously I do not need mention how Donald Trump and his enablers vilify asylum seekers everyday…

    But look at this…

    https://www.hrdive.com/news/dol-employer-helped-ice-arrest-worker-in-retaliation-for-reporting-injury/550320/

    I remember that contacting ICE and/or making inquiry on behalf of somebody else without consent … is … illegal ? Why is this employer clearly able to collude with ICE ?

    Reply
    • Unfortunately, people here without status are very vulnerable to exploitation by others. In some cases, it may be illegal or actionable in a civil lawsuit, but in practical terms, such people are vulnerable. Take care, Jason

      Reply
  16. Waiting for my first interview since 2016 with a lot of anxiety and depression.
    Biden Administration now is in power but nothing is changing about pending asylum. There is no good news about pending asylum. Cant take it anymore. Everyday I am praying for any way or any path that Allah can open for us. If anyone know anything about any update news, share it please. Thank you.
    And thank you Jason for keeping us in a place where we can share our thoughts.

    Reply
    • Same here, I hope Jason can convey our real suffering and agony to whoever can do something to help us.

      Most of us asylum seekers come to the US with an already depression and anxiety, This uncertainty and unprecented waiting time just made my anxiety and depression even worse. I’m unable to sleep, study, or even work because I lost my work permit and still waiting for the new EAD to arrive …. Every now and then I just in my room and cry for hours.

      I mean how can someone withstand such misery … Sometimes I look at myself and feel that my situation is even worse than when I was back in my home country.

      Please Jason, our pain and suffering is real, and we have no one else to talk to. We hope you can do something, anything to help our cases.

      Reply
      • We have been lobbying to return to FIFO and to dedicate a certain number of officer exclusively to affirmative asylum cases (as opposed to border cases). You can help with that effort if you are interested – I wrote about that on April 7, 2021. I also did a post about the difficulties of waiting if you would like to see that – on January 9, 2018. Take care, Jason

        Reply
    • If you have not tried it, maybe you want to think about trying to expedite. I wrote about that on March 30, 2017. Take care, Jason

      Reply
  17. Hi Everyone!!

    Here is my timeline for waiting for just 1st interview. I hope you like it.

    2088 days
    It is 2088 days from the start date to the end date, but not including the end date.

    Or 5 years, 8 months, 18 days excluding the end date.

    Or 68 months, 18 days excluding the end date.

    Alternative time units
    2088 days can be converted to one of these units:

    180,403,200 seconds
    3,006,720 minutes
    50,112 hours
    2088 days
    298 weeks and 2 days
    572.05% of a common year (365 days)

    During this time, I have been gone through 6 surgeries, 3 job changes, High blood pressure medicines prescription, mental depression and many more.. For God sake anyone please tell me if Houston office has approved anyone recently…. Please pray for me. I pray for everyone daily…

    Thank you.

    Reply
    • Ricky
      Approval rating doesn’t mean anything when it comes to asylum!!! Every case is different so if a lot of denying or approval that doesn’t effect your case at all! Don’t build up a decision on other people outcome!

      Reply
      • You are right. my concern is if there is anyone having interviews..

        Reply
    • Sorry to hear that.

      Reply
    • Ricky
      Sending love and support to you

      Reply
    • So did you have the interview? I hope you will get a positive decision.
      I’m waiting for 5 years and 9 months already… nothing’s happening.
      But I heard a few people from 2016 had their interviews this year in LA.

      Reply
      • No dear. I did not have any interview yet… just waiting, waiting and waiting…

        Reply
    • Thank you for sharing this and for this perspective – it is important, as we only have so much time on Earth, and this is wasting your time (and reducing your ability to be productive for society). Hopefully, you will get a positive decision soon. Take care, Jason

      Reply
  18. A federal judge declared DACA unlawful and blocked new applications. A federal judge from “TEXAS” -eye-roll.
    This is unacceptable. It is literally psychological torture. USCIS received more 60,000 applications after Biden reopened the program and they only processed 2,000 of them. The usual delaying cases tactics they’ve mastered. Is the Biden administration in charge of USCIS??? What are they even doing?
    Democrats in Congress need to act and act now. No need for Republican support. This is outrageous.
    https://www.yahoo.com/news/texas-federal-judge-blocks-daca-170332833.html

    Reply
    • Cordy
      Why the heck you care about DACA I really don’t care!!! If you’re asylee or asylum seeker you better focus on that and mind your own business! Like for real who give a heck about daca!!!

      Reply
      • @Asylee,

        Well, your train of thought is really flawed. So, you don’t care about things that do not directly affect you! According to your same logic, most people in this country should not care about asylum seekers and their turpitudes.
        Guess what? DACA are immigrants too. I do not know. Maybe I should not care, but I relate to the struggle of DACA recipients. I don’t mean to pretend to have a moral high ground but this is wrong.

        Reply
        • Cordy
          I don’t expect people to care about asylum seekers! You only need the officer who interviews you and your attorney to care about you! You better focus on your case and stop middling the other people business!! Who are you to ask the democrats to take a decision!? Daca came here illegally so it’s kinda complicated! I came here legally so it’s different story!!! Focus on yourself unless you’re daca applicant then I understand

          Reply
          • I think it’s really arrogant of you to tell me what to focus on. If you don’t like my post, just move on. When it comes to legislature, changes come when well meaning people get involved. The immigration system is broken. Asylum seekers are stuck in the backlogs for years. Green cards take years to get processed. Many things are wrong and you don’t want me to state my opinion? If you don’t like what I have to say, move on. Don’t tell me what I should focus on. I’m done entertaining this conversation.

          • Cordy, I think what Asylee is saying is that there are parallels between the struggles/hardships experienced by DACA recipients (“DREAMers” as well) and asylum applicants, and therefore, the least we can do is express some sympathy for what they are going through (you know, that thing called “sympathy” that considerate and kind human beings exhibit?)

            Most DACA recipients and DREAMers were brought to the U.S. as toddlers by their parents. In addition, many of them have no memory of or connection with the country they were born. For instance, they sometimes don’t speak the language of the country they were born and have no cultural understanding of their country of origin. Many, if deported, would become homeless and would have no friends or family members to rely on. It would be the same as someone uprooting you from a country you’ve spent almost all of your entire life and dropping you in a country you are not familiar with. Aside from the logistical nightmares that would result, deporting them, to me, would not only be morally wrong but also amount to cruelty. Besides, the U.S. stands to benefit if this country creates a pathway to citizenship for DACA recipients and DREAMers than nullifying their status or attempting to deport them.

            Unfortunately, like asylum applicants, DREAMers and DACA recipients are used as ploys and for expediency by politicians (by both Dems and Repubs). Through no fault of their own, DREAMers and recipients of DACA, like asylees and asylum applicants, find themselves in limbos (the most recent ruling is an example), and, as such, they are also forced to confront their fears of being possibly deported and their psychological traumas. We really have nothing to lose if we stand in solidarity or lend some support.

          • Correction: I was addressing Asylee- the unsympathetic one- and not Cordy.

          • Coming here legally or illegally is irrelevant in terms of asylum eligibility. Also, to me, the way you treat others defines much about who you are, so I think it is important to support other immigrants, even those who are on a different path. Whether there is much that can be actively done to help is another matter. Take care, Jason

        • Cordy
          You look so depressed so that you talk about daca or how you think the immigration system is broke instead of being thankful that US gives you work permit to work and live safely! You’re ungrateful and i hope you will see the difference when you go back to your country permanently cause a mindset like you I don’t think will ever pass the asylum interview or court

          Reply
          • @Asylee,

            Buddy I’m thankful every day that I live here. I do not owe you an explanation as to me being here. You don’t know my status and you assumed from the start I am still waiting for an interview and you are going as far as assuming I’ll fail my interview. I’m not depressed. I care about other “human being “ going through a hard process to obtain a legal status in this country. Part of the promises of this country is equal treatment under the law.
            It’ll be the end when humans stop caring about other humans.
            I have no idea why my views bother you SO much. Absolutely no idea.

          • Caring about other immigrants is the opposite of ungrateful. Contributing to one’s new country by expressing concern about that country seems to me an expression of gratitude and an indicator that this person will make important contributions to their new home. Take care, Jason

      • Jamie,

        Finally someone who understands. 🙂 . Mind you, a Bipartisan Bill was already crafted in the Obama years and never came Into fruition. The Trump administration tried to terminate the program and the Supreme Court (mostly conservatives) ruled in favor of keeping it. The constant attacks against that program make lives miserable for those recipients. There needs to be a permanent relief. Also, there’s something really wrong with uSCIS delaying processing cases only for court rulings to stop an entire program or a new hostile administration to take place. This is an agency that’s supposedly apolitical.

        Reply
        • Cordy, thanks. I work with DACA recipients, TPS seekers/holders, and asylum seekers at a nonprofit. Trust me, I understand the plight of these immigrants as, aside from being a former asylee myself, I have seen things firsthand. 🙂 I don’t know if I’d use USCIS and “apolitical” in the same sentence.

          Reply
    • This is not good. Will next target be pending asylum seekers ? I am now very concerned…

      Does the current admin need to step up its judicial implementation ? Can new Justice be appointed ? I would like to see the court return to 5-4 split…a 6-3 split is too lopsided.

      Reply
      • I feel that the Trump’s judicial appointment effect is now manifesting…

        Reply
    • I agree – and the basic problem is that Congress has passed a law to really reform the immigration law in decades. Until (if) that happens, we will see administrative changes and court challenges, and people stuck in the middle will continue to suffer. Take care, Jason

      Reply
  19. Hi Jason ,

    I had applied for asylum way back in 2016 in the Newark office but still not got an interview call. What is the reason for the delay and how much more do you think we will need to wait for the interview

    Reply
    • The basic reason is too many applications and not enough resources to process those applications. I most recently wrote in some detail about this on April 7, 2021. All you can really do at this point is to try to expedite (I wrote about that on March 30, 2017) or file a mandamus lawsuit (talk to a lawyer about that). Take care, Jason

      Reply
    • I filed in FEB-2016, still waiting for my interview as well.

      Reply
  20. Hi Jason. I am Asylee and i am going to apply i485 for my wife and 3 kids under 18y age for total 4 persons. My Annual income for last year was 50K. My Question is that Am i eligible for Fee exumption for forms?

    Reply
    • I do not know all the requirements, but you may be – check the instructions for form I-912 at http://www.uscis.gov. If you do end up paying the fee, the fee for your children may be somewhat less if you all apply together – check the form I-485 instructions about that. Take care, Jason

      Reply
  21. Hi Jason,

    Thanks for this interesting blog. I had a brief question.
    Why is “being status” or having a valid visa listed as one of the reasons for delayed decisions for affirmative asylum applicants? Just because someone is lawfully present – in my view, at least – should be working against them. I understand this might indicate their case if “less urgent” but their lives are still in limbo and unpredictable.

    Reply
    • The only reason I can think of is because if they want to deny you and you are in status, they send you a letter (called a NOID – notice of intent to deny), give you 16 days to respond, and then review your response and make a decision. If you are out of status, they just deny the case and refer you to court. I have not observed any difference in wait times for people who are in or out of status, and so I am not convinced there is any real difference – every seems to wait a long, long time. Take care, Jason

      Reply
  22. Hi Jason,

    I’m itching to take a domestic flight soon to somewhere in the US. But I would like some clarification again regarding documents needed for travel.

    Is my green card sufficient or can I use both my Green Card and country of origin passport? I don’t want to waste money and time applying for another Travel Document. I will just be traveling in the US, but I am not sure if its needed or not. I know for international travel outside the US you must have the Travel Document.

    Reply
    • You should be able to use a state ID or driver’s license, but I think the GC will work too. The airline should be able to tell you for certain, but I am pretty sure this is correct (for example, I know I have flown domestically with my license, though now I need to get a REAL ID license, which I will get around to eventually. Take care, Jason

      Reply
    • I have never had to present my GC or RTD when traveling domestically (I fly domestically very frequently). The state IDs, even the the ones that are “not REAL” (as in, the REAL ID), are usually sufficient. You can continue to use the IDs that are not “REAL ID” until 2023 to fly domestically. In any event, you can present your GC, if you want, to TSA or use it to get the REAL ID.

      Reply
    • Thank you both. I will still take my country of origin passport with me just in case. I don’t drive here and don’t think I ever will, so, I don’t want to invest in getting a driver’s license.

      Reply
  23. Hi Jason,

    I hope you are doing well. Did you hear anything about the new prosecutorial discretion and how it is being addressed ? I want to proceed with a potential I-140 approval based on EB2 to terminate removal proceedings and ask USCIS to waive unlawful presence to adjust status. Also, would you still not take such a case ?

    Thanks
    H

    Reply
    • PD would allow you to close a court case, but I have never heard about that somehow waiving unlawful presence, and I do not see how that would be possible under the current law. You can always talk to a lawyer to see whether they can find a path to a GC for you, but be careful, as you may have to leave the US to get the GC, which may or may not be possible. Ask the lawyer for exactly how you can get a GC, and whether you need to leave the US. I also wrote a bit on this topic on August 28, 2018 and September 6, 2018, if you are interested. Take care, Jason

      Reply
      • Hi Jason,

        Thanks a lot for your note. Yes, it likely requires departure as adjusting within the US would be difficult. The USCIS website says that since 2016, provisional waiver of inadmissibility was extended not only to include family ties but also can be granted to anybody with an available immigrant visa available. But the waiver can only be granted inside the US after court termination and prior to departure. Then both the waiver and the GC application are submitted to the consulate for processing. Do you think this is doable ?

        Thanks a lot
        H

        Reply
        • Whether it is doable depends on the specifics of the case, and so I think you need a lawyer to walk you through that step by step from where you are today until you have the GC. Also, there is an added difficulty for asylum seekers, who should really do the consular processing in a third country. That can be tricky to arrange, but you need to think about that in advance also. Take care, Jason

          Reply
  24. How to check MSC service center green card processing times. Looks everywhere but not able to find MSC service center time.

    Reply
    • Maybe it is not listed, but the only way I know to check that is to go to http://www.uscis.gov and look at the processing times page. Be aware that you search this by form, and so maybe the case is being processed somewhere that is not on your receipt, in which case looking at the times for other offices may give you an idea. Take care, Jason

      Reply
  25. Hi Jason,

    I am waiting for my decision from Chicago for 1 year and 4 months, recently I contacted my district representative to inquire about my case. USCIS has told the representative that there is an unresolved background check issue on my case which has held them from finalizing a decision. Do you know what this means? Does it mean I will never get a decision??? Thanks

    Reply
    • No this means, it will take time to get the decision. If of course, no red flag raises on your name when they do this background check. It usually takes time as other government entities get involved. I got mine less than 2 years after the interview.

      Reply
      • FIRSTRESPONDER, I guarantee you that’s not what it means. I’ve heard, from very reliable sources, that USCIS uses this specific tactic, excuse or explanation- “unresolved background check”, that is-to tactically avoid the Congress rep from flexing his/her muscles or exercising his/her influence. To put it differently, the only important thing to a Congress person is being re-elected and what his/her constituents think about him/her. So, if, God forbid, a Congress person exercises his/her influence or power and lobbies for the faster processing of a case that has “unresolved” background issue(s), the cases gets approved, and the applicant gets in trouble with the law after the approval- especially if the criminal offense is on a massive scale (like a terroristic act, for example)- trust and believe that this Congress person would become a persona non grata. Therefore, because you can’t vote and the Congress person doesn’t want to risk losing re-election/his/her reputation, because s/he plays a part in getting a case approved before a background check is fully processed, s/he relays to you what USCIS tells him/her. So, I think using your Congress person, while there is a negligible chance it may work, is useless. What has a better chance of working is suing USCIS.

        Reply
        • I am not sure I agree – sometimes people reach out to Congress and in some cases, it does help. Take care, Jason

          Reply
        • Jamie
          What did I write, what you understood , what was the question? This is not that much complicated: some cases requires detailed background check (maybe because of the person, or inconsistency in the file, of origin of country etc); USCIS check with several other government agencies FBI, DHS etc each step takes months to complete… : representatives or congress man has no intention to influence this process. Or they can not make it faster. Even none of them do anything in person, one of the officials from their office takes the request and simply forwards your it to the USCIS representative. It is not They’re being a guarantor for an asylum seeker. It is one way of asking update. That’s it. Asylum office has all the power no matter what the situation.When background check comes clear you get your approval. BUT it comes soooooo slow.

          Reply
    • It could mean many things. I did a post on October 20, 2015 listing reasons why cases are sent to headquarters (which causes additional delay). But it could easily be something else. All you can really do is try to get them to issue the decision. I wrote about that, with some ideas, on June 2, 2021. Take care, Jason

      Reply
  26. Hi Jason I got refferal letter and mastering hearing on august as per notice to appear letter but when I check eoir portal it says december 2021. So what should I be doing ? I haven’t received mail stating December so should I prepare for august one . I will be contacting them soon.

    Reply
    • The portal is most likely correct, but this is a perfect example of the chaos at EOIR. They should send a written notice. You can call the court to confirm – you can find their phone number if you follow the link under Resources called Immigration Court. Also, you can print out or save a copy of the portal page showing your December date. That way, if there is a problem, you have proof that they gave you a new date. Take care, Jason

      Reply
    • Hi
      Seeker One!
      You are not alone experiencing that. I m in mid west and I got a referral letter in 2019,went to the court few months after to find out that my name was not on list just because they were short of staffs so they have to make some sudden changes .Since then, my hearing date has been canceled and rescheduled three time with zero notification to my address. My lawyer has been trying to know why but still not easy to find the right person to talk at the court. Just give yourself a little exercise checking online portal at least twice a month you will be fine. Your correct hearing date is the one on EOIR portal. Mails do not count much to me anymore since courts have be changing hearing dates like days and nights.

      Reply
  27. Hello Jason,
    How long does it take for your clients to receive their Green Cards after filing their I-485s 1 year after receiving asylum? We have been waiting for 18 months. And I had questions about the times on the USCIS site:
    1. Are processing times accurate? Texas is processing our application and https://egov.uscis.gov/processing-times/ says it’s 26.5 Months to 44.5 Months for Based on grant of asylum more than 1 year ago.
    2. What about Historic Processing Times on https://egov.uscis.gov/processing-times/historic-pt? It says 12 months there and it confused me.

    Reply
    • It is very unpredictable. Probably most got their GCs in less than 1.5 years, but others have been waiting much longer and there is no obvious explanation about why one person is fast than another. 1 – Who knows. It is all we have to go by. I guess in general it is accurate, but not all cases are decided within that range of time. 2 – I am not sure about that, but cases were faster at one time. Take care, Jason

      Reply
    • I know ppl waited 6 month to only get a recite, and ppl waited 4 years to get GC , it’s all about back ground check , specially for ppl who don pay taxes, and Muslim ppl, and they know that you are on hold coz they think that’s a normal process, but the good thing, those waiting time will count for applying for citizenship, after receiving the GC

      Reply
      • Ronny,

        No, the wait time it takes to process your green card application does not count toward citizenship. I wish it did though but it does not.
        Yes, some people might wait 4 years, or even more, just for them to process your case. The background check explanation is just BS in most cases. Some people are caught in the backlog not because of TRIG but simply because of who they are. Background checks can be resolved in 6 months at worst. These are red tapes and bureaucracy to make the process harder for some people. If you waited too long you can still use this thing called a mandamus lawsuit.

        Reply
        • The background check should be resolved in 5 minutes – every asylee was already thoroughly checked. The only question is whether they committed a crime since the asylum case was completed, and that should be easy enough to know. I think most GC delay is not related to that, though, but rather related to the general mess at USCIS. Take care, Jason

          Reply
      • Actually, the waiting time for the GC does not count for citizenship. If you get a GC based on asylum, the card is back-dated one year and then you can apply for citizenship 5 years after that (assuming you meet all eligibility requirements). Also, you can mail the N-400 as early as 90 days before the 5-year anniversary. Take care, Jason

        Reply
      • RONNY, no of what you are saying makes sense nor is it accurate. And I mean this respectfully.

        Reply
        • None of****

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      • Ronny
        I am glad you are not my attorney….

        Reply
    • The pandemic added another layer of delay to the entire process. I waited one year to get my green card (which some are saying is very fast). I probably could have gotten much earlier if the Doctor at the clinic where I did my medical didn’t go on vacation. Some of it was my fault, my lawyer had sent me the i485 form to fill out and it ended up in Junk folder without me realizing. So, that was 2 weeks lost plus 2 weeks from the doctors vacation.

      Aside from that, I think those who were granted asylum and have not gotten into any serious trouble should be automatically be granted permanent residence one year after automatically.

      Reply
    • I got my GC in 30 months

      Reply
  28. Hi. We applied for the green card in December 2019 after getting asylum in 2018 and my sister (age 12 then, now 14) just got a biometric appointment notice, while the rest of your family didn’t (except for the unusual “USCIS has received your form” notice that was sent last week). Is this biometric appointment request normal? We already gave fingerprints in January 2020. Is something wrong with the application?

    Reply
    • It may be normal. People under 14 do not need biometrics, and so now that she is 14, she needs them. I would take this as a positive sign – at least they seem to be working on your cases. Take care, Jason

      Reply
  29. Jason, I applied for a political asylum in the US, but my case has not been heard yet. Today another immigration lawyer told me that because I applied for an asylum, I am considered stateless. She said it’s something the majority asylum applicants do not know. Is it so? Where can i find more info about this, including your blog? What will happen if my circumstances back home change in the future? Have I entirely lost my original citizenship when I applied here? Many thanks.

    Reply
    • Zack
      When you ask these kind of questions it says a lot about you! If anyone see what your wrote they will make fun of you and I’m pretty sure someone with your mentality wont do so good in the interview with the officer! You’re seeking asylum and over 18 and asking that applying for asylum will make my original citizenship get lost !! What kind of a question or joke is that!!

      Reply
    • That is false. Filing asylum has no effect on your current citizenship. Indeed, your home country will not even know about it, and your passport remains valid. I think you should stay away from that lawyer. Take care, Jason

      Reply
  30. Hi Jason, do you feel that the Biden admin is living up to our expectations ? I felt like we had high hopes for him but…And he has a trifecta…

    There are some judicial improvement and some policy change. It’s highly expected that Biden’s trifecta will be no longer after the midterm election…I guess at that time…he will not be able to make progress in implementing his changes ?

    Reply
    • Both Joe Biden and Merrick Garland are quite moderate, I am afraid that their rectifying effort won’t be able to counter the radical judicial change shaped by Trump.

      Reply
      • My feeling is that a moderate approach is the most helpful now. An approach that is too radical will galvanize the opposition and make it even more difficult to retain a majority in Congress. Take care Jason

        Reply
      • I got my asylum grant during Trump administration, after waiting 6 years, there is no reject thing coz of administration, there is hard process and more paying fees, and complicated applications , that’s it!! There is no administration say to the officers to kick all the asylum ppl, only make it long and complicated application, and high fees

        Reply
    • I totally agree with you. This administration has no one who can match Stephen Miller’s passion on immigration. That evil man woke up each day, for 4 years, with a goal of totally dismantling the immigration system. Unfortunately no one in the current regime has that passion; and it is sad.

      Reply
      • I tended to support moderates because I feel they are electable. This is particularly true for 2020. But somehow…I still feel a slight sense of sadness…I obviously know why they are taking small steps is for the sake of 2022 and 2024…But like you said…I particularly feel sad the evil person could just do whatever they do and barely suffer any consequences…And my supposed savior…

        I feel it’s irresponsible to place the blames on politicians tho…Politicians are a reflection of the people. This imbalance of intensity…indicates…I feel…maybe the mode…the average, the middle point of the American public is titled against asylum-seekers…Like if I do a poll asking “will you support asylum seekers”, I guess it will be at the range of 55-45 or 60-40 against …I just hope that it won’t become worse to be like 70-30 or 75-25 against…that would be a nightmare for me…

        Reply
        • I feel this too. I think the solution is to work harder to try to convince more people to support more progressive policies. It is a very uphill battle. Take care, Jason

          Reply
          • Sounds good, this is a new idea. I will take this into consideration about how to change private citizens’ mindset…I have always focused on how to get friendly politicians elected…After seeing your article, I increasingly feel that executive branch actually controls the judicial branch…Guess have to get to work again…

      • I am not sure I agree with this. There is certainly no high profile person who is as singularly focused as Señor Miller. However, to be pro-immigrant requires more caution and prudence than being anti-immigrant. We will see how things play out, but I suspect that as long as there remains hope for a Congressional fix (i.e., a new law), the Administration will not do anything too radical in order not to jeopardize that possibility. Take care, Jason

        Reply
    • There are definitely some positive changes, such as prosecutorial discretion (which I wrote about a couple weeks ago). Overall, I think things are moving in the right direction, but this issues at EOIR need to be resolved. Take care, Jason

      Reply

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